HUD’s Office of Community Planning and Development (CPD) issued Notice CPD-16-18 providing guidance on the timing of FY17 Consolidated Plan (ConPlan) and/or Annual Action Plan submissions. Jurisdictions must wait to submit these plans until they know how much money will be allocated for each of the CPD programs covered by the ConPlan.

Regarding the national Housing Trust Fund (HTF), because HUD will not know how much each state will receive until April at the earliest, states may submit a ConPlan/Annual Action Plan addressing their other CPD funds before HTF allocations are published, and submit an HTF Allocation Plan as a substantial amendment to the state’s Annual Action Plan once HTF allocations are published. A state may begin to develop an HTF Allocation Plan following its public participation process but may not submit the plan before HTF allocations are published. HUD recommends states use their 2016 HTF allocation as a baseline estimate when carrying out public participation regarding the draft HTF Allocation Plan.

The CPD formula programs appropriated by Congress are the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grants (ESG), and Housing Opportunities for Persons with AIDS (HOPWA) programs. While the HTF is a formula program administered by CPD, HTF monies are not appropriated but are derived from dedicated sources, currently a 0.042% assessment on the volume of new business of Fannie Mae and Freddie Mac. Jurisdictions must prepare a ConPlan (covering three to five years) showing the public the jurisdiction’s priorities for using CPD funds during that period. Jurisdictions must submit Annual Action Plans indicating the activities that will be funded each year. These documents must be sent to HUD for review 45 days before the start of a jurisdiction’s program year.

HUD explains that in most years it does not receive annual appropriation amounts from Congress until several months into the fiscal year, sometimes as late as April. Consequently, the procedures in Notice CPD-16-18 apply to any jurisdiction with a ConPlan/Annual Action Plan submission deadline (45 days prior to the jurisdiction’s program year) that falls within 60 days after the date HUD announces FY17 allocation amounts for CDBG, HOME, ESG, or HOPWA. Jurisdiction should postpone submitting a ConPlan/Annual Action Plan until these FY17 allocations have been announced and may delay submitting the plans until 60 days after the allocation announcements. For example, if a jurisdiction’s program year starts on July 1, as many do, the jurisdiction can postpone submitting a plan until June 26.

The Notice offers jurisdictions two options regarding fulfilling their public participation obligations while waiting for HUD to announce FY17 appropriations. One option is to engage in public participation regarding a draft plan using estimated formula allocation amounts, clearly explaining to the public how it will adjust the proposed plan once actual allocations are known. Five examples are provided. The second option is to prepare a proposed plan using its regular timetable, but waiting until actual allocation amounts are known before carrying out public participation.